43Witnesses before Disciplinary Appeal Boards

#### 43 Witnesses before Disciplinary Appeal Boards (1) The Chair of a Disciplinary Appeal Board may: (a) by writing under his hand, summon a person to attend before a Disciplinary Appeal Board at a time and place specified in the summons and then and there to give evidence and to produce such documents (if any) as are referred to in the summons; (b) require a person appearing before a Disciplinary Appeal Board to give evidence either to take an oath or make an affirmation; and (c) administer an oath or affirmation to a person appearing before a Disciplinary Appeal Board. (2) Where it appears to a Disciplinary Appeal Board that it is undesirable to require the appellant or another person to attend before the Board to give evidence by reason that he is residing or performing duty outside Australia, or in a remote locality in Australia, or by reason of the expense, inconvenience or delay that would result if the person were required to appear before the Board, the Board may, by writing under the hand of the Chair of the Board, appoint a member of the Board or another person to take the evidence of the appellant or of that other person. (3) A witness summoned to attend or appearing before a Disciplinary Appeal Board has the same protection as a witness in proceedings in the High Court. (4) A person summoned to attend, or appearing, as a witness before a Disciplinary Appeal Board shall not: (a) refuse or fail to be sworn or to make an affirmation or, without reasonable excuse, refuse or fail to answer any question when required to do so by a member of the Board; or (b) without reasonable excuse, refuse or fail to produce a document that he was required by the summons to produce. Penalty: Imprisonment for 6 months. (5) An employee who is summoned to attend as a witness before a Disciplinary Appeal Board shall not, without reasonable excuse: (a) fail to attend before the Board; or (b) fail, unless excused or released by the Chair of the Board from continuing in attendance, to continue in attendance before the Board; as required by the summons. Penalty: Imprisonment for 6 months. (6) A person other than an employee who is summoned to attend as a witness before a Disciplinary Appeal Board shall not, without reasonable excuse: (a) fail, after payment or tender to him of a reasonable sum for his expenses of attendance, to attend before the Board; or (b) fail, unless excused or released by the Chairman of the Board from continuing in attendance, to continue in attendance before the Board; as required by the summons. Penalty: Imprisonment for 6 months. (7) The regulations may make provision for and in relation to the payment of expenses to witnesses summoned to attend, or appearing, before a Disciplinary Appeal Board. (8) In subsections (1), (3), (4), (5), (6) and (7), references to the Chair of a Disciplinary Appeal Board, and other references to a Disciplinary Appeal Board, include references to a person appointed under subsection (2) to take the evidence of another person in relation to an appeal to a Disciplinary Appeal Board.